- In Nebraska, when an arrest warrant is issued for a person incarcerated in another state, is a detainer automatically lodged in that state?
No, according to the Interstate Agreement on Detainers Act, the prosecuting authority has to file a written request for custody with the incarcerating state.
- What steps must a prosecutor or court take to lodge a detainer in another state?
They generally file the detainer with the warden of the prisoner. Nebraska Department of Correctional Services has a Special Services Unit that handles detainers. All they require is that a cover letter be mailed to their address with the detainer request, a certified copy of the warrant, and the information or complaint. After filing a detainer, a prosecutor can have a prisoner made available by presenting to the officials of the state of incarceration a written request for temporary custody or availability.
- How can I tell if a prosecutor has lodged a detainer against a person being held in federal custody?
The Nebraska Department of Correctional Services has a procedure for notifying prisoners when they received a detainer. They serve the prisoner with a Disposition of Untried Charges Forms I (Notice of Untried Indictment, Information or Complaint and of Right to Request Disposition – Attachment A), and Form II (Inmate’s Notice of Place of Imprisonment and Request for Disposition of Indictments, Informations and Complaints – Attachment B). If other states have similar processes, you could ask the client. The prisoner can contact his counselor, case manager, or unit team leader and ask him or her to check in their computer system to see if the system shows any pending charges or detainers. Otherwise, you could see if the prison in which he is incarcerated has a unit similar to one in Nebraska and contact that unit for information.
If you are facing criminal charges, please contact Berry Law.
